BOARD00223

• Board Meeting Date: 9/13/2004
• Description: ISF Section - Proposed Water Right Donation - Colorado Water Trust, Peabody #1 Ditch and Lund Enlargement, Boulder Creek and Blue River
• Board Meetings - Doc Type: Memo

Discussion

I

At the May 2004 meeting, Board members requested additional information regarding 1) the current
estimate of consumptive use, including the years of non-use since the land was removed from irrigation, 2)
an estimate of historic monthly diversions, and 3) the effect of the Green Mountain Historic User Pool on the
junior priority Peabody water right. The Water Trust has provided staff with an updated engineering report,_
and staff has discussed Green Mountain Historic User Pool administration with the Division 5 Engineer.
The additional information obtained since the May Board meeting is summarized on pages 3 and 4 of the
attached Summary Report.

The ISF Rules provide that the Board may elect to combine or "stack" the acquired rights with any
other instream flow appropriation to preserve or improve the natural environment. The Rules specify that If
the Board elects to combine or stack the acquired water rights, the details of how the rights are to be
combined must be set forth in the change application for the acqUired rights. Staff has evaluated the
potential benefits of the proposed water right donation and believes that the natural environment would
benefit most by combining the acquired water rights with the existing instream flow rights on Boulder Creek
and the Blue River. In determining how these rights are to be combined, staff will rely on the information
contained in the attached Summary Report and the engineering reports provided by the Water Trust.

Staff has requested recommendations from the Division of Wildlife, the Division of Parks and
Outdoor Recreation, the U.S. Department of Agriculture and the U.S. Department of Interior, pursuant to
statute. Staff has also provided notice of the proposed acquisition to all persons included on the appropriate
ISF Subscription Mailing Lists pursuant to Rule 6i of the ISF Rules. Subsequent to the May 2004 Board
meeting, staff also contacted each individual ditch owner within the proposed acquisition reach to notify
them of this proposal. Staff received an inquiry from one ditch owner requesting clarification of the
proposal. No other comments or recommendations have been received.

The attached Summary Report contains additional technical information about the water rights,
II instream flow needs, and other factors for the Board to consider in reviewing the proposed acquisition. The
ISF Rules require the Board to evaluate the "appropriateness" of the acquisition and determine how best to
utilize the acquired water rights to preserve or improve the natural environment. In determining how best to
I utilize the acquired water rights, the Board may elect to combine or "stack" the acquired rights with any
other instream flow appropriation to preserve or improve the natural environment. In taking final action on
the proposed acquisition, the Board may "acquire, acquire with limitations, or reject the proposed
acquisition".

Staff Recommendation

Staff recommends that the Board:

1) Determine that the acquired water rights should be utilized on Boulder Creek to increase flows
available to the junior instream flow water right, to restore a portion of the natural hydrograph to
improve or enhance habitat for all life stages of the resident Brook trout population, and to
improve conditions for spawning and recruitment of Rainbow trout. To accomplish this goal, staff
recommends that the acquired rights be "stacked" with the Board's existing instream flow water
right on Boulder Creek (Case No. 5-77W3646) to preserve and improve the natural environment
to a reasonable degree;

2) Determine that the acquired water rights should be utilized on the Blue River to preserve and
improve the natural environment to a reasonable degree by restoring flows to the Blue River and
increasing available habitat for both Brown and Rainbow trout. To accomplish this goal, staff

3